Direito humano à saúde e uso terapêutico da Cannabis: um estudo de caso da liga canábica paraibana

Abstract

The present work deals with the human right to health by the medicinal / therapeutic use of Cannabis in Brazil. This is a case study of the Canábica Paraibana / Brazil League. The general objective of the work is to treat access to the medicinal / therapeutic use of Cannabis for all people in Brazil as a human right to health issue. Regarding the methodology of work, a broad bibliographical review was carried out, based on authors such as: Ordacgy (2009); Barros and Peres (2011); Albuquerque (2017); and Oliveira (2016). The methods are deductive and qualitative. Categories of analysis were established, such as the Right to Health as a Human Right; Access to medicines as an element of the Right to Health and, finally, access to Medicinal Marijuana as a Human Right of Access to remedy and autonomy of treatment, allowing on the basis of them to produce a case study of the Paraiba Cannabis League, by observing their actions and interviews of some of its members. In this research are analyzed authors, legislation and lawsuits dealing with Cannabis for medicinal / therapeutic purposes. To know about the trajectory of the Canábica Paraibana League, it was necessary to conduct a field survey to interview two members of this non-profit association. These people are marijuana users for medical / therapeutic purposes and have been struggling for years to regulate this use in Brazil. As for the research problem, there is a need on the part of vulnerable people - sick and infirm - for the medical / therapeutic use of marijuana in our country. In this sense, we ask: how should the human right to health be treated by the medicinal / therapeutic use of Cannabis for those who prove the need for use in Brazil? The research is justified by the need for a specific interdisciplinary study on this subject in Brazil. Studying about marijuana in Brazil is controversial and therefore it is necessary to establish a dialogue with the community for a cultural change. Paraíba is a pioneer when it comes to the therapeutic / medicinal use of Cannabis and the UFPB is an institution that has opened space for research, information and reflection on the use of this plant. It is necessary that there be this interdisciplinary study so that the people know about the difficulties that several Brazilians are having for the access to the remedies derived from this plant. The current struggle is for the effectiveness of the human right to health through the use of Cannabis, in this perspective, research on this use is relevant to society, to the Master Program and to the development of research on this controversial topic. Then there must be a deconstruction of the misdemeanor prohibition of Cannabis for therapeutic / medicinal purposes and there must be a humanization of the look on the medicinal / therapeutic benefits of this plant in the Democratic State of Law.